PREETI SINGH Vs. RAMKALI AND ORS

JUDGEMENT

(1.) Heard finally with the consent of both the parties.

(2.) In this petition under Article 227 of Constitution of India, petitioner has challenged the legality, validity and proprietary of the order dated 13/11/2017 passed in Civil Suit No. 1-A/2014 by VIth Civil Judge, Class-I, Gwalior whereby, the application of the petitioner / plaintiff under Order VI Rule 17 of Code of Civil Procedure (for brevity, 'CPC') has been dismissed.

(3.) Brief facts leading to filing of this petition are that the petitioner/plaintiff had filed a civil suit for permanent injunction against the respondents/defendants in respect of agricultural land bearing survey No. 16 & 17 admeasuring area 0.053 hectare i.e. 5706 sq. ft. situated in village Rampura, Purana Patwari Halka No. 27, New No. 36, Gwalior, District Gwalior. The petitioner/plaintiff has entered into agreement to sell dated 24/08/2012 with respondents/defendants No. 1 to 3 to purchase the said land for consideration of Rs. 7,41,780/- and in part performance thereof paid an amount of Rs. 70,000/- and in turn the respondents/defendants No. 1 to 3 handed over all the original documents to the petitioner/plaintiff. Despite the aforesaid agreement, the defendants No. 1 to 3 further agreed to sell the disputed land to the respondent No. 4 without having any right since they had already entered into agreement to sell with the petitioner/plaintiff. The petitioner requested them to execute the sale deed, but they refused to perform their part and ultimately the time period was extended by further two years.